Commercial Courtwatch | Week of 12/26/22

Chronicling business litigation from the Federal Courts of Appeals and Delaware

ERISA | In ERISA denial-of-benefits cases, factual disputes over administrative record should be resolved via Rule 52 bench trial, not quasi summary judgment proceeding employed by other circuits on the briefs. Fourth Circuit.  

FCA | Whistleblower going outside chain of command to document FCA violations triggered expanded retaliation protection in 2010 FCA amendments as "other efforts.”  Third Circuit. 

FCA | No attorneys fees for FCA whistleblower who received fee amount under private fee sharing agreement with co-whistleblower.  First Circuit. 

Bankruptcy | Bankruptcy Court not err in rejecting DCF analysis showing solvency in favor of liquidation analysis showing insolvency.  Second Circuit. 

M&A | No standing for security-holders of parent company to challenge misstatements by target company about itself prior to merger.  Second Circuit. 

Appeals | State supreme court decision holding that its new rule applies prospectively applies to pending appeals.  First Circuit. 

Patents | If whether prior art invalidates patent turns on credibility of prior art manufacturer then summary judgment improper even if non-movant failed to oppose.  Federal Circuit. 

Patents | Jury could conclude that "RFID for Dummies" disclosed patented claims, making MSJ grant improper.  Federal Circuit.